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In the news: Court rules WCAX-TV must turn over Sox riot tapes

C

CrankyYankee

(From the A-P:)

South Burlington television station W-C-A-X has no right to keep from police videotapes it shot during a Red Sox victory celebration that turned into a riot at the University of Vermont last fall.
That ruling came today from the Vermont Supreme Court.
It means the station has to turn over to police tape that it did
not broadcast of a riot that broke out after the Red Sox defeated
the New York Yankees in the American League Championship Series.

(Read more at:)

http://www.boston.com/news/local/ve...ation_turn_over_tapes_of_red_sox_riot?mode=PF
<P ID="signature">______________
"What's That?" "French Horns!"

</P>
 
Followup: WCAX has handed tape over to prosecutor...

(From the WCAX news script archive for 6 p.m. Fri Aug 26, 2005:)

(Brian Joyce reports:)
At isue is this videotape Channel 3 shot of the UVM campus riot after the Red Sox beat the Yankees last year. There was 30-thousand dollars in damage and police wanted to identify who did it. The police suspected Channel 3 had potential evidence in some of the videotape we did not use in our on-air broadcasts. The police obtained a subpoena to get it. We fought the subpoena for two reasons. First we claimed the police could get the information elsewhere as suggested by prior supreme court rulings. Secondly, the station claimed that being forced to turn over the tape would turn the media into a branch of the police -- we thought that was a clear violation of the first amendment. The prosecutor argued there is no such special protection and today -- the Vermont Supreme Court unanimously agreed.
((tape 48:21 Bob Simpson/Chittenden County Prosecutor:))"I think the analysis is correct. I had argued all along that when there is evidence of a crime,the reporter is no different than any other citizen. When a reporter sees a crime taking place, the reporter has the same obligation as any other citizen.")) ((tape 13:56 Eric Miller:-WCAX lawyer-"We disagree. We've disagreed from the outset. And as a result we are all disappointed with the Vermont Supreme Court ruling today.")) Channel 3's lawyer insists the supreme court simply missed the fundamental foundation for the First Amendment. ((tape tc 15:27 "The press is NOT like every other citizen. It has a duty to act responsibly. And WCAX did act responsibly here by co-operating in large measure with the prosecutor from the outset. But, when co-operation poses burdens that make it difficult to do the job the Constitution says it's supposed to do,the First Amendment steps in and says the press is different."))
--------------------------------------------------------------------------------
(Brian Joyce concludes report:)
WCAX turned over the tape this afternoon to the prosecutor. The station is not going to appeal the decision.<P ID="signature">______________
"What's That?" "French Horns!"

</P>
 
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